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vipinfo   03 December 2019

Handwriting expert opinion needs to be exhibited?

In a civil suit, if trial court gives permission to one of the party to bring his private handwriting expert opinion on record. Now thereafter, when the expert comes personally with his opinion report, do the learned trial judge bound to exhibit that report before accepting or rejecting that opinion stipulated in that report?


If the learned trial judge, refuses to accept that report for some reasons which are recorded in writing in the judgement. Can that judgement be called unlawful, only because trial judge did not exhibit that report but directly mentioned it in its judgement?



Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     03 December 2019

Dear vipinof,

If you are not satisfed with judgement you can go in appeal. In appeal you can try to convince the court as per your case.

Regards,

vipinfo   03 December 2019

We were defendant therein, we are happy that learned trial judge refused to admit expoert opinion brough by plaintiff. But first appellate court has remitted the matter back to trial court with instructions to exhibit that expert opinion report before making any mention regarding it in its judgement. Is it right? If trial court will exhibit that report, wouldn't it assumed to be admitted? 

vipinfo   04 December 2019

Bumping it again, expecting some more response and advises.

Shashi Dhara   10 December 2019

Then you have approached high court against the orders of appellate court.now you have to accept it if notquestioned .

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